SafeWork NSW v MGW Engineering Pty Ltd [2021] NSWDC 337

SafeWork NSW v MGW Engineering Pty Ltd [2021] NSWDC 337

The defendant breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to implement adequate systems for hydrostatic pressure testing and to provide adequate information to workers, resulting in exposure to a risk of serious injury. Considering the objective and subjective circumstances, including the seriousness of risk, mitigating and aggravating factors, and the need for deterrence, the appropriate penalty is a conviction and a fine of $112,500 after a 25% reduction for an early plea of guilty.

Jurisdiction
Australia
Judgment Date
23 July 2021
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and fine imposed.
Legal Topics
['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'appropriate Sentence' 'failure to Consult']
['criminal Law' 'work Health and Safety Law'] ['prosecution' 'work Health and Safety' 'duty of Persons Undertaking Business' 'risk of Death or Serious Injury' 'sentence' 'objective Seriousness' 'mitigating Factors' 'aggravating Factors' 'plea of Guilty' 'general Deterrence' 'specific Deterrence' 'appropriate Sentence' 'failure to Consult']

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['Did the defendant fail to comply with its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW), exposing a person to risk of death or serious injury, contrary to s 32 of the Act?' 'What is the appropriate penalty considering factors such as objective seriousness, aggravating and mitigating factors, and the need for deterrence?']

Ratio Decidendi

The defendant breached its health and safety duty under s 19(1) of the Work Health and Safety Act 2011 (NSW) by failing to implement adequate systems for hydrostatic pressure testing and to provide adequate information to workers, resulting in exposure to a risk of serious injury. Considering the objective and subjective circumstances, including the seriousness of risk, mitigating and aggravating factors, and the need for deterrence, the appropriate penalty is a conviction and a fine of $112,500 after a 25% reduction for an early plea of guilty.

Court Disposition

Conviction and fine imposed.

Orders

  • ['The defendant is convicted.' 'The appropriate fine for the offence is $150,000 and that will be reduced by 25% to reflect a plea of guilty.' 'Accordingly, I order the defendant to pay a fine of $112,500.00.' 'Pursuant to s 122(2) of the Fines Act 1996 (NSW), 50% of the fine imposed is to be paid to the...